Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2637 

(2) Shall facilitate direct communication 

between the Government and the 

subcontractor as necessary. 

(e) Notification of safety issues under this 

clause shall be considered neither an 

admission of responsibility nor a release of 

liability for the defect or its consequences. 

This clause does not affect any right of the 

Government or the Contractor established 

elsewhere in this contract. 

(f)(1) The Contractor shall include the 

substance of this clause, including this 

paragraph (f), in subcontracts for—

(i) Parts identified as critical safety items; 

(ii) Systems and subsystems, assemblies, 

and subassemblies integral to a system; or 

(iii) Repair, maintenance, logistics support, 

or overhaul services for systems and 

subsystems, assemblies, subassemblies, and 

parts integral to a system. 

(2) For those subcontracts described in 

paragraph (f)(1) of this clause, the Contractor 

shall require the subcontractor to provide the 

notification required by paragraph (c) of this 

clause to—

(i) The Contractor or higher-tier 

subcontractor; and 

(ii) The ACO and the PCO, if the 

subcontractor is aware of the ACO and the 

PCO for the contract. 

(End of clause) 

[FR Doc. E7–733 Filed 1–19–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 252 

RIN 0750–AF54 

Defense Federal Acquisition 

Regulation Supplement; Berry 

Amendment Restrictions—Clothing 

Materials and Components Covered 

(DFARS Case 2006–D031) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 833(b) of 

the National Defense Authorization Act 

for Fiscal Year 2006. Section 833(b) 

expands the foreign source restrictions 

applicable to the acquisition of clothing 

to also include clothing materials and 

components, other than sensors, 

electronics, or other items added to, and 

not normally associated with, clothing 

and the materials and components 

thereof. 

DATES: Effective date: January 22, 2007. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before March 23, 2007, to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D031, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D031 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD (AT&L) DPAP (DARS), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule amends DFARS 

225.7002–1 and the corresponding 

contract clause at 252.225–7012 to 

implement Section 833(b) of the 

National Defense Authorization Act for 

Fiscal Year 2006 (Pub. L. 109–163). 

Section 833(b) amended 10 U.S.C. 2533a 

(the Berry Amendment) to expand the 

foreign source restrictions applicable to 

the acquisition of clothing to also 

include clothing materials and 

components, other than sensors, 

electronics, or other items added to, and 

not normally associated with, clothing 

and the materials and components 

thereof. The rule also includes examples 

of items subject to the restrictions. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD has prepared an initial regulatory 

flexibility analysis consistent with 5 

U.S.C. 603. A copy of the analysis may 

be obtained from the point of contact 

specified herein. The analysis is 

summarized as follows: 

The objective of the rule is to provide 

for the acquisition of clothing, and 

clothing materials and components, 

from domestic sources in accordance 

with statutory requirements. The legal 

basis for the rule is 10 U.S.C. 2533a (the 

Berry Amendment), as amended by 

Section 833(b) of the National Defense 

Authorization Act for Fiscal Year 2006 

(Pub. L. 109–163). The rule will apply 

to entities interested in receiving DoD 

contracts or subcontracts for the 

acquisition of clothing. Based on data 

generated from the DD Form 350, 

Individual Contracting Action Report, 

DoD awarded 6,072 contract actions 

relating to the acquisition of clothing 

items during fiscal year 2005. These 

actions had a total dollar value of $1.868 

billion and involved 1,110 contractors. 

Of these actions, 4,087 totaling $.81 

billion involved 906 contractors that 

were small business concerns. This rule 

may have a positive impact on small 

businesses that manufacture clothing 

materials and components, by reducing 

foreign competition. However, the rule 

could have a negative impact on small 

businesses that have been using foreign 

components in the manufacture of 

clothing products. 

DoD invites comments from small 

businesses and other interested parties. 

DoD also will consider comments from 

small entities concerning the affected 

DFARS subparts in accordance with 5 

U.S.C. 610. Such comments should be 

submitted separately and should cite 

DFARS Case 2006–D031. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

Section 833(b) of the National Defense 

Authorization Act for Fiscal Year 2006 

(Public Law 109–163). Section 833(b) 

expands the foreign source restrictions 

applicable to the acquisition of clothing, 

to also include clothing materials and 

components, other than sensors, 

electronics, or other items added to, and 

not normally associated with, clothing 

and the materials and components 

thereof. Section 833(b) became effective 

upon enactment on January 6, 2006. 

Comments received in response to this 

interim rule will be considered in the 

formation of the final rule. 


sroberts on PROD1PC70 with RULES
2638 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 225 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 225—FOREIGN ACQUISITION 

■ 2. Section 225.7002–1 is amended by 

revising paragraph (a)(2) to read as 

follows: 

225.7002–1 Restrictions. 

* * * * * 

(a) * * * 

(2) Clothing and the materials and 

components thereof, other than sensors, 

electronics, or other items added to, and 

not normally associated with, clothing 

and the materials and components 

thereof. Clothing includes items such as 

outerwear, headwear, underwear, 

nightwear, footwear, hosiery, handwear, 

belts, badges, and insignia. For 

additional guidance and examples, see 

PGI 225.7002–1(a)(2). 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(JAN 2007)’’; and 

■ b. In paragraph (b)(5) by removing 

‘‘JUN 2004’’ and adding in its place 

‘‘JAN 2007’’. 

■ 4. Section 252.225–7012 is amended 

by revising the clause date and 

paragraph (b)(2) to read as follows: 

252.225–7012 Preference for Certain 

Domestic Commodities. 

* * * * * 

Preference for Certain Domestic 

Commodities (JAN 2007) 

* * * * * 

(b) * * * 

(2) Clothing and the materials and 

components thereof, other than sensors, 

electronics, or other items added to, and 

not normally associated with, clothing 

and the materials and components 

thereof. Clothing includes items such as 

outerwear, headwear, underwear, 

nightwear, footwear, hosiery, handwear, 

belts, badges, and insignia. 

* * * * * 

[FR Doc. E7–731 Filed 1–19–07; 8:45 am] 

BILLING CODE 5001–08–P 


sroberts on PROD1PC70 with RULES